Cannabis News Marijuana Policy Project
  Criminal Justice Out of Joint
Posted by FoM on August 20, 2001 at 08:46:55 PT
By Steve Kubby 
Source: WorldNetDaily 

medical I receive several requests a week from defendants who suddenly find themselves forced to defend their lives, their right to use medical cannabis and even the Bill of Rights. This advice is intended to help medical cannabis patients defend themselves against a predatory criminal justice system that judges them guilty, until proved innocent. Here are the key concepts you must master to win:

Non-cooperation with tyranny is a duty: America was founded on the premise that we have inalienable rights that cannot be separated from us by any law or government.

The drug war is unconstitutional, immoral and no longer supported by voters or juries. Your non-cooperation with this corrupt war on American citizens is the surest way our Constitution and Bill of Rights can be restored.

Nonviolence: We don't want to kill our enemies, only expose their lies and their greed for power over others. Any form of anger on your part must be left at the door, or it will make you no better than your adversaries and bring failure to your efforts. Only when others sense your commitment to the high road, will the justice you seek become possible. Those who attended my trial saw that I always wore a suit and showed respect. I even held doors open for my prosecutors, so they could push in their huge cart filled with 4,000 pages of lies against me. My polite behavior only made their accusations look more wild and ridiculous.

Use the media: Most courts will not allow you to tell your story and you must depend upon the media to get the truth out. Focus on winning in the court of public opinion and your victory with the jury will be assured.

Never plea bargain: This is a slippery slope. It might look like a great idea to begin with, but in the end, you lose, every day for the rest of your life. You won't get what you were promised, and you'll only endanger others by cooperating with government terrorists.

Go all out on the preliminary hearing: Winning your preliminary hearing means the judge will dismiss the case and your troubles are over. Most defense attorneys will advise you to do little in your preliminary hearing, so they can see what the prosecution's case is about and then prepare a defense. That is definitely the wrong tactic in a bona fide medical marijuana case. You want an attorney who will fight with everything you have to win your case in the prelim, regardless of the costs or time involved. Top medical marijuana attorney J. David Nick once took a prelim on for 18 months, until the prosecutor gave up in desperation.

Insist on a jury trial: Less than 3 percent of defendants exercise their right to a jury trial and yet the court system is in near gridlock. Refusing to cooperate and demanding a trial places a significant load on the criminal justice system and is the surest way to end this phony drug war. Nearly all medical marijuana trials end in acquittals or hung juries, so take your case directly to your fellow citizens and trust them to see through the prosecutor's lies.

Target policy makers: Ignore the police and prosecutors and target their superiors. It is sheriffs and district attorneys who are the generals in the drug war and they are the ones who are responsible for your current grief. Organize a recall election against your DA. Your recall will probably fail miserably, but your DA will back off prosecuting other medical cannabis patients, once you put a little heat to their feet.

Seek civil and criminal penalties: Use the courts and your local grand jury to obtain indictments and convictions against rogue officials, since this is the only thing sheriffs, police chiefs and district attorneys understand or respect. Never forget what was done to you until every rogue sheriff, district attorney, police chief, and judge has been brought to justice. We owe it to all who have died and suffered horribly in this war to dedicate the rest of our lives to bringing these drug war criminals to justice.

Refuse probation: Probation is no different than plea bargaining, because you are trading away your rights for a deal that will never work in your favor. You are better off to take jail over probation, because probation nearly always leads to further violations and trouble with the law.

Document abuses: It's your job to document and prove abuse. Sooner or later, a reform-minded administration will be elected and they will want to investigate your charges and seek justice.

You are now a professional defendant. Your life will be your trial. Do what you can to survive and remain true to the belief that you are innocent. A law was passed five years ago that gives you the right to use, grow and possess this medicine. Don't be afraid to stand up for what you believe.

Good luck and remember to focus on the positive.

Steve Kubby is the founder of The American Medical Marijuana Association and played a key role in the passage of California's Prop. 215, the statewide initiative legalizing medical use of cannabis.

Source: WorldNetDaily (US Web)
Author: Steve Kubby
Published: Monday, August 20, 2001
Copyright: 2001 WorldNetDaily.com, Inc.
Contact: letters@worldnetdaily.com
Website: http://www.worldnetdaily.com/

Related Articles & Web Sites:

The Kubby Files
http://www.kubby.org/

AMMA
http://americanmarijuana.org/

From Canada, Kubby Fights Drug Convictions
http://cannabisnews.com/news/thread10425.shtml

Kubby Files $200 Million Lawsuit
http://cannabisnews.com/news/thread10134.shtml

CannabisNews Articles - Kubby
http://cannabisnews.com/thcgi/search.pl?K=kubby


Home    Comment    Email    Register    Recent Comments    Help

 
Comment #2 posted by FoM on August 20, 2001 at 21:29:40 PT
Patrick
Very nice. I'm slowly getting around to reading comments and I'm impressed these days. It's the passion for justice that is what I see in your writing and others. Keep up the good work.

[ Post Comment ]
 
Comment #1 posted by Patrick on August 20, 2001 at 10:28:36 PT
Non-cooperation with tyranny is a duty. No kidding
ATTENTION: Mr. Ashcroft & Mr. Hutchinson,

At the tender young age of 17, I swore the following oath before my friends, family and fellow countrymen:

''I, Patrick, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.''

That was 23 years ago.

I no longer hold the office for which that oath was rendered. However, you gentlemen still hold the public trust. And you are NOT, and I repeat, NOT defending the Constitution. You have caused all of us that have taken the oath to re-examine our lives and what that pledge means both now and historically? Well sirs, Revolution is never taken lightly. There is a grumbling in the bowls of this nation. Congress is nearly equally divided in both Houses. The recent "popular vote" was denied its President of choice, denied, by the system itself.

People grow weary of police intrusions for non-violent offenses. And the police grow weary of being caught in between the people and "the peoples" government.

The winds of Revolution have been quietly stirring since the election. The people shall move away from tyranny in this new century toward enlightenment and truth. The people will not be denied their Freedom or Liberty from either elected or non-elected government officials. For you gentlemen, this is a reminder, a reminder that the people can place you in shackles and behind bars as well.

Patrick

[ Post Comment ]


  Post Comment
Name:        Password:
E-Mail:

Subject:

Comment:   [Please refrain from using profanity in your message]

Link URL:
Link Title:


Return to Main Menu


So everyone may enjoy this service and to keep it running, here are some guidelines: NO spamming, NO commercial advertising, NO flamming, NO illegal activity, and NO sexually explicit materials. Lastly, we reserve the right to remove any message for any reason!

This web page and related elements are for informative purposes only and thus the use of any of this information is at your risk! We do not own nor are responsible for visitor comments. In accordance with Title 17 U.S.C. Section 107 and The Berne Convention on Literary and Artistic Works, Article 10, news clippings on this site are made available without profit for research and educational purposes. Any trademarks, trade names, service marks, or service names used on this site are the property of their respective owners. Page updated on August 20, 2001 at 08:46:55